Franklin Lakes Legal Woes

By The Franklin Lakes Journal

Published: November 19, 2008

With expectations that the public would be able to review Franklin Lakes COAH plan in the beginning of November, the town council has switched horses in midstream and hired an affordable housing expert. The COAH plan is reportedly being submitted to the Planning Board, but there is no indication at what point the public will be allowed to review and comment on it. As the holiday season approaches, any substantial public discussion prior to the state’s December 31st deadline for submission appears unlikely.

Although the Planning Board will be reviewing the existing plan, apparently it is considered a work in progress. NJMG is quoting Nelson’s replacement, Edward Boccher, as being prepared to bring 23 years of experience to shore up the plan. “I’m looking to bring a different approach to the plan, a more creative way of viewing requirements…”. The contract for Boccher, an attorney with at DeCotiis, FitzPatrick, Cole & Wisler is the same as that for Nelson, 150$ an hour and extending to December 31st.

The abrupt change in the housing attorney coincided with a proposed change in the borough attorney. Personal tensions between Borough attorney William Smith, the Mayor, and members of the council have been evident for months. Other than the public disagreements between the parties, there was apparently no specific reason given for seeking to replace Smith who has served the borough for 29 years. Accusations that the move is politically motivated were discounted by Council member Brian Trava who offered that, “Municipal law is so complicated nowadays”, and the Mayor who believes the suggestion of political retribution is ridiculous.

The position of the council to seek Smith’s replacement appears to contradict the logic applied to the controversial hiring of Brian Nelson. The previous decision to hire Brian Nelson was that the town would be provided more personal service and greater attention. William Smith, a local Franklin Lakes attorney, is being replaced with more attorneys from DeCotiis, FitzPatrick, Cole & Wisler, which is considered by many to be one of New Jersey’s biggest professional contractors. The attorneys being allotted by DeCotiis, FitzPatrick, Cole & Wisler for this position are Douglas Doyle and Louis Rainone. Council members Friscia, Marcus, and Ramsey opposed the replacement of William Smith.

On an historical note, the local turbulence concerning legal eagles comes on the 25th anniversary of the infamous Saturday Night Massacre when Richard Nixon had Archibald Cox fired.